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학술논문산업재산권2011.12 발행

대·중소기업간 공동연구시 발생하는 지식재산권 관련 쟁점에 관한 검토

Review on the Intellectual Property issues in the joint research agreement

신재호(경상대학교); 조용순(한북대학교)

36호, 129~174쪽

초록

This study considers the mutually beneficial ways to resolve the conflicting matters that potentially arise from joint research between large firms and SMEs. To this regard, it suggests certain of typess of special contracts that can be applied to the case in which the parties seek joint ownership, while this also reviews the way for fair sharing through the use of existing Employee Invention for the case that right to research finding subjects to one party. For the mutualistic relation between large firms and SMEs is to be established, above all, large firm’s awareness that it is willing to share some portion of total profit need to be encouraged. This study also provides how to reasonably share profit for this large firms and basic guidance for SMEs to define the basic demand level for negotiation with large firms.

Abstract

This study considers the mutually beneficial ways to resolve the conflicting matters that potentially arise from joint research between large firms and SMEs. To this regard, it suggests certain of typess of special contracts that can be applied to the case in which the parties seek joint ownership, while this also reviews the way for fair sharing through the use of existing Employee Invention for the case that right to research finding subjects to one party. For the mutualistic relation between large firms and SMEs is to be established, above all, large firm’s awareness that it is willing to share some portion of total profit need to be encouraged. This study also provides how to reasonably share profit for this large firms and basic guidance for SMEs to define the basic demand level for negotiation with large firms.

발행기관:
한국지식재산학회
분류:
법학

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대·중소기업간 공동연구시 발생하는 지식재산권 관련 쟁점에 관한 검토 | 산업재산권 2011 | AskLaw | 애스크로 AI